Conn. Gen. Stat. § 45a-645

Current with legislation from the 2024 Regular and Special Sessions.

Section 45a-645 - (Formerly Sec. 45-70). Naming of own conservator for future incapacity

(a) Any person who has attained at least eighteen years of age, and who is of sound mind, may designate in writing a person or persons whom he or she desires to be appointed as conservator or successor conservator of his or her person or estate or both, if he or she is thereafter found to be incapable of managing his or her affairs or incapable of caring for himself or herself.

(b) The designation shall be executed, witnessed and revoked in the same manner as provided for wills in sections 45a-251 and 45a-257, or a power of attorney executed in accordance with section 1-350d, except that any person who is so designated as a conservator shall not qualify as a witness.

(c) Such written instrument may excuse the person or persons so designated from giving the probate bond required under the provisions of section 45a-650, if appointed thereafter as a conservator.

Conn. Gen. Stat. § 45a-645

(1949 Rev., S. 6874; 1955, S. 2907d; February, 1965, P.A. 590, S. 1; 1969, P.A. 447, S. 2; 730, S. 14; P.A. 73-34, S. 1; P.A. 75-128; P.A. 77-446, S. 13; 77-614, S. 70, 610; P.A. 80-476, S. 124; P.A. 07-116, S. 12; P.A. 14-103, S. 12; P.A. 15-240, S. 48; P.A. 16-40, S. 9.)

Amended by P.A. 16-0040, S. 9 of the Connecticut Acts of the 2016 Regular Session, eff. 5/27/2016.

Amended by P.A. 15-0240, S. 48 of the Connecticut Acts of the 2015 Regular Session, eff. 10/1/2016.

Amended by P.A. 14-0103, S. 12 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.

Annotations to former section 45-70: Court has no jurisdiction over person not residing or domiciled in district. 26 C. 285; 107 C. 3. Omission to appear and object to matter of form waives defect. 29 C. 568. Evidence of respondent's illicit intercourse, and birth of illegitimate children, admissible. 30 C. 87. Ward may acquire domicile elsewhere. 48 C. 172. Appointment on application of person not specified in statute, void. 49 C. 84. Statute has no extra territorial effect. Id., 278. Disability of ward does not begin until appointment of conservator. 51 C. 78. "Incapacity" defined. 72 C. 340. Incapacity a question of fact. Id.; 83 C. 519; 107 C. 7. Jurisdiction of courts of state of residence and of state where property is; discretion of court; right of action as property; relative may apply for appointment though not liable for support. 76 C. 405. Adjudication of incapacity not conclusive 12 years later. 78 C. 430. Facts held sufficient to support conclusion of incapacity and residence. 107 C. 3. Distinction in legal effect between conservatorship and insanity commitment. 113 C. 605. Conservator in many respects an agent of court. 115 C. 330. Conservator in many respects is but agent of court and has only such powers as are expressly or impliedly given him by statute. 155 Conn. 118. Cited. 175 C. 257. That person having property is incapable of managing his affairs and has conservator appointed does not warrant finding in and of itself that such person is insane and is not sufficient defense to allegations of cruelty in divorce proceeding. 27 CS 459. The fact that defendant is under a conservatorship does not prevent him from giving a valid consent to a chemical analysis of his blood or breath to determine whether he has operated a motor vehicle while intoxicated. 3 Conn. Cir. Ct. 47.

See Sec. 27-129 re appointment of conservator for incompetent veteran. See Sec. 45a-242 re replacement of fiduciary. See Sec. 45a-594 re compensation of guardian or conservator of social services beneficiary or veteran. See Sec. 52-60 re appointment of judge of probate as attorney for nonresident fiduciary.